Texas Bars Sale of Consumable THC Products to Under-21s at Licensed Establishments

On September 23, the Texas Alcoholic Beverage Commission implemented emergency regulations aimed at significantly limiting young people's access to hemp-derived THC products. 

These new rules prohibit TABC-licensed vendors from selling consumable THC items to anyone under the age of 21 and mandate strict identification checks. The regulations are set to take effect immediately, with enforcement commencing on October 1.

As per Rule 51.1, any holder of a TABC license or permit who sells, offers to sell, serves, or delivers a consumable hemp product to an individual under the age of 21 is committing a violation that could result in the cancellation of their license. Rule 51.2 states that a seller needs to conduct a thorough examination of a valid, unexpired government-issued photo ID to verify that the buyer is at least 21 years of age. The license or permit could be revoked due to non-compliance with the regulations.

Thomas Graham, director of TABC, stated, “TABC has a statutory responsibility to ensure its license holders do not impede the general welfare, health, and safety of Texas communities,” describing the action as a “reasonable measure” to safeguard minors.

The recent regulations were issued in response to Governor Greg Abbott's executive order, dated September 10, known as Executive Order 6. This order mandates that the Texas Alcoholic Beverage Commission and the Texas Department of State Health Services issue these regulations to enforce tighter restrictions on consumable hemp products.

Approximately 60,000 businesses in Texas possess TABC licenses, including bars, restaurants, grocery stores, and liquor stores, and they will now be prohibited from selling THC products to minors. These regulations do not apply to businesses that sell THC products but lack TABC licenses, such as smoke shops, gas stations, and purely online retailers.

Chris Porter, the communications director for TABC, stated that the agency is currently engaged in talks with DSHS to align the enforcement of age limits among all THC retailers. The DSHS, which licenses approximately 8,000 hemp retailers, will soon introduce regulations for non-TABC sellers and hold public hearings.

During his testimony before the commission, Lukas Gilkey, the CEO of Austin-based hemp retailer Hometown Hero, expressed his approval of the age limit:“It’s been something that [THC retailers] have wanted for a very long time and have struggled to get,” he stated. Advocates like Betsy Jones from Texans for Safe and Drug-Free Youth called on the commission to consult public health and cannabis policy experts while developing the final regulations, cautioning that “the products we’re discussing … are designed to appeal to children.” 

Christine Scruggs, who is against any THC sales, shared her concerns with commissioners about her son's mental health struggles following early use, stating, “We should not keep permitting these substances to be sold … The well-being of Texans is far more valuable than any profit the hemp industry can generate.”

The emergency regulations will be in effect for a period of 120 days, with the potential for an additional 60-day extension. The TABC is set to engage with industry stakeholders regarding the rules during a meeting on October 9, with plans to propose comparable permanent regulations at the meeting scheduled for November 18. 

If approved, the TABC would publish the regulations in the Texas Register for public comment and finalize them by January 2026. According to Porter's theory, the agency favors revoking a license as its primary form of punishment, rather than opting for fines or warnings.

In the meantime, the absence of regulations for non-TABC sellers becomes increasingly significant. DSHS needs to take immediate action to broaden age restrictions at all THC retail outlets, a crucial step in addressing gaps in Texas’s changing hemp regulations.